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  #1  
Old 05-31-2019, 11:33 AM
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Default Question About Hosting Party for Daycare?

If I host an after hours party for my daycare families, is it tacky to remind them ahead of time that THEY are responsible for watching their little ones?
I have a 'welcome to summer' party every year. This is the first year where I have a few families that, lets just say, don’t have common sense. One dcd stood on my flower bed and another dcm let her little one (18 months) run to the front unsupervised and I had to tell her she needed to go watch him!

As far as insurance and Licensing is concerned, kids are with the parents and any issues (say a kid runs into the street) is parents issue? Or is it still mine?

Last edited by Michael; 05-31-2019 at 12:58 PM.
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Old 05-31-2019, 12:15 PM
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In NYS....you would be liable.
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Old 05-31-2019, 12:24 PM
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I'm pretty sure you would be liable. I personally wouldn't host a party in my home for clients. I did invite my daycare families to the park for my daughter's birthday party this year though.
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Old 05-31-2019, 01:10 PM
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Guess I've been lucky, my dcps always did a good job of watching their own.
Do you have anything in your handbook about when parents are in your home, it's their responsibility?
If you expect some of your parents will shirk their duties as a watchful parent, it might be necessary to let them know due to so many people and children attending your get-together, they all need to keep a watchful eye on their own children, or something like that.
As I said, I've been lucky that way and I've hosted a few potlucks and holiday parties with parents and children.
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Old 05-31-2019, 02:13 PM
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Anyone on your property is your responsibility as a home owner so with parents being there doesn’t matter unfortunately.
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Old 05-31-2019, 02:14 PM
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I host a holiday and summer party. Parents have been fabulous! I have one that just seems to be very relaxed. If parents are here and it’s after hours, aren’t they in charge of their kids? I mean once they sign them out?

I do have a policy to not play in my yard after they’ve been signed out ...I have to double check if I have one that once they’re signed out, they’re in charge. Just seems so obvious.

It’s really one of those things where common sense needs to be applied. My goodness...I’m off to update my handbook!
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Old 06-01-2019, 09:50 AM
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The thing is, on your property anything that happens will be your responsibility whether open or closed at the time. The beauty of going to a park as mentioned, is that the park (county or city or?) Is then the responsible party if a child is hurt. The parents sue the county if a kid falls off a park play structure. Parents sue you if a child falls off of your play structure. Even burglars, obviously uninvited, sue homeowners when they get hurt while on their property! In addition to being the property owner and being sued for having a faulty environment where someone can slip and need medical care, you have the added liability of being that child's care provider. So, the families can also so you for not providing appropriate supervision during the party. That's the part that isn't as black and white as who's property it is. Who is supposed to be supervising the kids at the party- the best way to make that black and white in the case of a law suit, I would think, would to have it in writing. Written in the handbook and even on invitations! Something saying, "Outside of childcare hours, children are the sole responsibility of their families whether Miss Suzie is present or not."!!
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Old 06-01-2019, 11:10 AM
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Any one can sue for anything including slipping on water on your floor. People in California can be that way. I have an umbrella policy for $2 million as an extra protection on top of my property home policy. I sleep better and the cost is not that much.
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Last edited by Michael; 06-01-2019 at 11:13 AM.
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Old 06-01-2019, 12:58 PM
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Quote:
Originally Posted by Michael View Post
Any one can sue for anything including slipping on water on your floor. People in California can be that way. I have an umbrella policy for $2 million as an extra protection on top of my property home policy. I sleep better and the cost is not that much.
I have an umbrella policy too.
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Old 06-01-2019, 01:01 PM
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Quote:
Originally Posted by CalCare View Post
The thing is, on your property anything that happens will be your responsibility whether open or closed at the time. The beauty of going to a park as mentioned, is that the park (county or city or?) Is then the responsible party if a child is hurt. The parents sue the county if a kid falls off a park play structure. Parents sue you if a child falls off of your play structure. Even burglars, obviously uninvited, sue homeowners when they get hurt while on their property! In addition to being the property owner and being sued for having a faulty environment where someone can slip and need medical care, you have the added liability of being that child's care provider. So, the families can also so you for not providing appropriate supervision during the party. That's the part that isn't as black and white as who's property it is. Who is supposed to be supervising the kids at the party- the best way to make that black and white in the case of a law suit, I would think, would to have it in writing. Written in the handbook and even on invitations! Something saying, "Outside of childcare hours, children are the sole responsibility of their families whether Miss Suzie is present or not."!!

I think it will be fine. I’m going to have everyone sign a policy update stating that after hour events. The children are their responsibility and to remember to be very diligent since the child might struggle seeing two adult figures...

It’s always one family that pushes things. 18 month old is fabulous for me... but I saw dcm chasing him Down our WHOLE block trying to catch him. My first thought was she needs to learn to run faster than a toddler. Then my second was ‘seriously, I would’ve caught him in one second!’
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Old 06-02-2019, 05:17 PM
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Info I came across:

Tom Copeland says as long as they’re on your property you are liable:
https://tomcopelandblog.com/am-i-lia...ut-for-the-day
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Old 06-03-2019, 12:56 PM
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supervision is on the parents, but if they are injured using your equipment it'll be your insurance that pays...them running out into the middle of the street though....that's on the parents.


other things could be argued....like if mom let tot climb bookshelves and he fell...that might be mom's responsibility....but if the bookshelves weren't attached to the wall and fell on tot, then that could go back to being your problem. All of this is generally speaking and will vary greatly by state.
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Old 06-03-2019, 01:58 PM
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It's not true though, that supervision is on the parents and that they would be liable for injuries. Literally anyone who gets hurt on your property can sue you and can win regardless of whether it's logical or ethical! I'm telling you, burglars sue homeowners when they break in and get hurt- AND they win. It's a ridiculous world we live in!
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Old 06-03-2019, 02:59 PM
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Quote:
Originally Posted by Michael View Post
Any one can sue for anything including slipping on water on your floor. People in California can be that way. I have an umbrella policy for $2 million as an extra protection on top of my property home policy. I sleep better and the cost is not that much.
Mine is $1million but I am Canadian and we don’t generally sue as much
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Old 06-03-2019, 03:00 PM
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Quote:
Originally Posted by CalCare View Post
It's not true though, that supervision is on the parents and that they would be liable for injuries. Literally anyone who gets hurt on your property can sue you and can win regardless of whether it's logical or ethical! I'm telling you, burglars sue homeowners when they break in and get hurt- AND they win. It's a ridiculous world we live in!
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